The First Day of January in Hong Kong
In Hong Kong, the first day of January is both a statutory holiday for employees and a general holiday for banks, schools, public offices and government departments. The two legal categories have different effects, so the day off and holiday pay arrangements can depend on a person’s work situation.[1][2]
A holiday in two legal systems
Hong Kong’s Employment Ordinance lists the first day of January as a statutory holiday. Employees are entitled to statutory holidays regardless of their length of service or whether they work under a continuous contract. Holiday pay is a separate entitlement: an employee must have been employed under a continuous contract for at least three months to qualify for pay on a statutory holiday.[1]
The General Holidays Ordinance covers a different set of arrangements. General holidays are days when banks, educational establishments, public offices and government departments need not open. Statutory holidays are employee benefits under the Employment Ordinance.[2] This distinction means a general holiday does not by itself give every employee the same holiday benefits.
How the day off works
An employer can require an employee to work on a statutory holiday, but must give at least 48 hours’ prior notice and arrange an alternative holiday within 60 days before or after it. With the employee’s agreement, a substitute holiday can instead be taken within 30 days of the statutory or alternative holiday. An employer cannot pay an employee instead of granting a statutory holiday.[1]
If January 1 falls on an employee’s rest day, the Labour Department says a holiday should be granted on the next day that is not itself a statutory, alternative or substitute holiday, or another rest day.[1] The government’s public-holiday calendar guidance says that when a general holiday falls on Sunday, the following day is taken as the compensatory public holiday. Its guidance also notes that Saturday is not a general holiday under the ordinance, so a Saturday date does not by itself create a general-holiday replacement day.[2][3]
What to expect around Hong Kong
For banks, schools, public offices and government departments, January 1 is a general holiday, so these institutions need not open. Statutory holiday rules still apply to employees in other workplaces, including workplaces that may require staff to work that day.[1][2] Check with shops, restaurants, attractions and transport services for their operating arrangements.
Hong Kong’s official public-holiday calendar follows the government gazette and distinguishes public holidays from festivals.[3] That distinction is useful when planning: January 1 is a legal holiday, while particular gatherings, meals or activities should not be assumed to be universal customs without further evidence.
Frequently asked questions
Is January 1 a public holiday in Hong Kong?
Are employees guaranteed a paid day off?
Employees are entitled to a statutory holiday regardless of length of service, but statutory holiday pay requires at least three months of employment under a continuous contract. An employer may require work if it follows the notice and alternative-holiday rules.[1]
What happens if January 1 falls on Sunday?
Will shops, restaurants and attractions be open?
Banks, educational establishments, public offices and government departments need not open on a general holiday. Check directly with individual shops, restaurants and attractions for their opening hours.[2]
Sources and references
Sources used for The first day of January in Hong Kong SAR China:
- The Employment Ordinance, Cap. 57- Labour Department, The Government of the Hong Kong Special Administrative Region
- LCQ1: Statutory holidays- The Government of the Hong Kong Special Administrative Region
- Hong Kong Public Holidays iCal- 1823, The Government of the Hong Kong Special Administrative Region